Receiving Flashcards
Receiving punishment
value > 1000 = 7 years
value 500 - 1000 = 1 year
value <500 = 3 m,o
Receiving elements
s246
- act of receiving
- any property stolen OR obtained by any imprisonable offence
- knowing at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence OR being reckless as to whether or not the property had been stolen or so obtained
Mental element to prove in act of receiving
no need to prove dishonesty
only mental element required is proof of knowledge or recklessness as to the property having previously been stolen
When is the act of receiving complete
as soon as the offender has, exclusively or jointly with the theif or any other person, has possession or, or control over, the property
Possession case law
R v Cox
Possession involves two elements. The first, the physical elements. actual or potential physical custody or control. The second, mental. Combination of knowledge and intention. Knowledge in the sense of an awareness that the substance is in their possession, and an intention to exercise possession.
Possession for receiving case law
Cullen v R
There are four elements for the possession for receiving
1. awareness that the item is where it is
2. awareness that the item has been stolen
3. actual or potential control of the item
4. intention to exercise control over that item
legal possibility of an offence case law
R v Donnelly
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know the property had previously been stolen or dishonestly obtained
R v Lucinsky
The property must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged for or which are the proceeds
Title definiton
a legal right ort claim to the property
R v Kennedy
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of recieiving
Recklessness definition and case law
consciously and deliberately taking an unjustifiable risk
Cameron v R
Examples of circumstantail evidence of guilty knowledge (receiving)
- possession of recently stolen property
- nature of property
- purchase at gross under value
- secrecy in receiving
- receiving at an unusual place
- receiving at an unusual time
Doctrine of recent possession
In circumstances where a person is found in possession of property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the theif
